NEWS

This week is Canada Citizenship Week and marks one year since the Bill C-6 came into effect last year introducing important changes in citizenship laws and regulations. So how have these changes been implemented over the past year and what impact has this had on those interested in obtaining Canadian citizenship?

Number of applicationsThe biggest change that came into effect in October 2017 was the reduction in time that permanent residents had to be physically present in Canada before qualifying for citizenship. The minimum time physically spent in Canada was reduced from 4 out of 6 years to 3 out of 5 years. As a result of this change, the number of applications for Canadian citizenship has doubled from approximately 100,000 in 2016-2017 to more than 240,000 in 2017-2018.

Processing time for citizenship applicationsSince the changes in eligibility were introduced Immigration, Refugees and Citizenship Canada (IRCC) has maintained that routine applications will be processed within 12 months. Within the first year since the changes came into effect, IRCC estimates that 152,000 permanent residents have have obtained citizenship under these new rules and IRCC is trying to maintain its commitment to process applications within 12 months.

Top Tips for New Citizenship Applications1) Verify your dates to ensure eligibility: in order to be eligible for Canadian citizenship you must have been physically present in Canada for at least 1,095 days in the past 5 years before you submit your application. You should check your dates based on your passport stamps and airline tickets. If you have travelled extensively to a country that does not stamp your passport you may consider applying for entry-exit records in order to have have a completely accurate list of all dates you were absent from Canada. Citizenship officers review all dates thoroughly and I have seen applications refused for being short just one day.

2) Check, check and check again: if you prepare your own application you should carefully check your application several times to ensure all questions are answered and that information provided is correct. And if you choose to have a representative prepare your application you should remember that you bear the ultimate responsibility for the information submitted on your behalf and should review your application before you sign the forms.

3) Complete supporting documents: by submitting all the required documents including copies of passports, proof of language ability, police clearances and so on, you will prevent delays in the processing of your application. You should also note that any documents that are not in English need to be officially translated. I advise all applicants that they should carefully review all translations to ensure that all information is correctly translated and avoid costly delays and issues that may arise from incorrect translations.

4) Be prepared for your citizenship test: if you are between 18 and 54 you will be required to undertake the citizenship test. The test is a serious matter and you have to get at least 15 out of 20 questions right in order to pass the citizenship test and you should adequately prepare by studying before your citizenship test.

5) If you receive a citizenship questionnaire seek assistance immediately: you may receive a citizenship questionnaire requesting additional documents and information after you submit your application. It is important to speak with an experienced immigration lawyer to understand the request and respond in a timely manner with all the information and documents requests.

This Canada day will be extra-special for hundreds of people as they participate in special Canada Day citizenship ceremonies scheduled across the country where they will finally be able to become Canadian citizens.

Through out the 151 years since the enactment of Canada's Constitution Act of 1867 that united the colonies of Canada, New Brunswick and Nova Scotia into a single dominion known as “Canada”, the country has had different rules and regulations for allowing immigrants to enter Canada and how they qualified to become citizens of Canada.

As a dominion under British rule, Canadians were initially classified as “British Subjects”. Over the years a new and separate status of “Canadian national” was created by the Canadian National Act of 1921. Canada continued to gradually gain its independence from Britain which culminated in the Constitution Act of 1982 and Britain ceased to have any legislative authority over Canada.

The current Citizenship Act was amended significantly in 2017 based on the election promises of the Liberal Party and made important changes to the requirements to qualify to become a citizen and equally importantly the right to retain citizenship. Under Canada's current laws there are four ways you can acquire Canadian citizenship:

by birth on Canadian soil

by descent (being born to a Canadian citizen parent) – there are some limited exceptions that I have written about before

by grant or naturalization where you apply to become a Canadian citizen upon meeting the eligibility criteria

by adoption

While the process of citizenship by birth and descent is automatic, for become a naturalized citizen you will need to follow a process set out by the Citizenship Act. Once you apply, Immigration, Refugees and Citizenship Canada (“IRCC”) will first check to ensure that you meet the eligibility critiera: for example have you been physically present in Canada for the requisite number of days or do you have proof of your language ability?

If you pass this initial assessment, you will be invited to write the citizenship exam if you are between 18 and 54 or attend an interview if outside of this age range. Also as part of the assessment IRCC will run background checks to confirm that you do not have any criminal charges or convictions in the past 4 years before your citizenship application that would make you criminally inadmissible for Canadian citizenship.

Once your eligibility has been confirmed you will be invited to attend a citizenship ceremony and take the oath of citizenship. While children under 14 and certain other individuals are exempted, to become a citizen by naturalization you must take the oath of citizenship. The oath of citizenship is a statement that is recited and signed in the citizenship ceremony where you promise or declare your fealty to the Canadian monarch and promise to abide by Canada's laws and uphold the duties of Canadian citizenship. Upon signing the oath of citizenship you will be presented with a citizenship certificate that will be your proof of Canadian citizenship and will make your new status as a Canadian citizen.

If you are interested in attending a citizenship ceremony on Canada Day you can find the times and addresses of local ceremonies here: https://bit.ly/2yPD80Y​

Canada has been working hard to recruit international students and promises those who chose to study in Canada a pathway to permanent residence once they complete their studies and work in Canada for a period of time. But for one group of applicants the reality has become very different. There are currently more than 300 recent graduates or postdoctoral Iranian students in Canada that are facing longer processing times as they are told that their applications are undergoing “security screening”. The problem is so widespread that over the past month CBC, The Globe and Mail and Vice News have all published articles about the plight of more these recent graduates and postdoctoral students that are facing much longer processing times than their counterparts from other countries.

Given the track record of Iranian students for outstanding academic achievement, it comes as no surprise that there are hundreds of masters and doctorate and even postdoctoral students from Iran at universities across Canada. After spending years studying in Canada, many have become socially settled and want to remain in Canada based on the welcome that Canada extends to international students.

These students qualify for immigration under a number of different categories depending on their circumstances, and most often are eligible to apply based on their Canadian studies and work experience in the Express Entry system. According to the Immigration, Refugee and Citizenship Canada (“IRCC”) website, the current average processing time for 80% of applicants as Federal Skilled Workers or applicants under the Canadian Experience Class is 6 months. However, many Iranian applicants have waited much longer, many in excess of a year and some many years.

This is all the more frustrating for those who have been living in Canada as students for several years before submitting their immigration applications. The impact of these delays is causing great distress for these applicants and many find that their lives are on hold as they wait for the final decision from IRCC. In a recent statement, the Iranian Canadian Congress (“ICC”) found that these graduate students “are unable to make long-term plans for their lives, must pay far higher tuition fees than permanent residents, face difficulties in finding employment since their status in Canada is uncertain, and cannot commit to further studies or academic positions because these institutions require assurances that they can stay in the country”.

So what is causing these delays? The answer is “security screening” according to the Minister of Immigration, Ahmed Hussen, and the Minister of Public Safety, Ralph Goodale. Security screening and background checks are an essential part of the immigration process: before a person is granted permanent residence Canada wants to ensure that they do not have any criminal history and do not present a security threat to Canada. However, the question that remains is why screening for applicants of Iranian background is taking much longer than applicants from other countries.

This is the question that has been asked by ICC in their meeting with representatives of the the Minister of Public Safety in Ottawa last week, the Canadian Civil Liberties Association and a number of federal MPs. The only response they have received so far is that the processing times of security screening is affected by how long it takes to receive information, the volume of applications, how easily the information can be verified. Given that there are more than a thousand Iranian immigration applicants in Canada Border Services Agency's current security-check inventory, it is hard to predict how much longer these applicants will have to wait to receive their permanent residence visas and realize their dream of settling in Canada.

Last October and November I wrote extensively about the changes that were made to the Citizenship Act by the Liberal government. The most important change came into effect on October 11, 2017 when eligible applicants who had been physically present in Canada to three years could now apply for citizenship. Subsequently Immigration, Refugees and Citizenship Canada received received than 30,000 new applications in the first two weeks after the changes, more than double what they would have received in each month prior to the change.

However, these were not the last changes and some important changes have come into effect in 2018. These changes include:1- Change in Citizenship Revocation Process Those who obtain Canadian citizenship by naturalization may have their citizenship revoked in a number of circumstances. These include if they obtained their citizenship by:a- making false representations in their applicationb- committing fraud (either in your application for permanent residence or citizenship)c- knowingly concealing material circumstances

In addition, Canadian citizenship of those who are either convicted of terrorism, treason, or spying offences, and those who have served as a member of an armed group may also be revoked.

Prior to January 11, 2018 the decision to revoke a person's citizenship was made by the Minister of Immigration. This was deemed to be unfair by a decision of the Federal Court in May 2017 which struck down the revocation decisions that had been made because they deemed that the process had not been fair. However, as of January 11 the process for revoking the citizenship of an individual has changed significantly and individuals whose case is subject to possible revocation have the choice to either have their case heard and decided by the Federal Court, or to request that the Minister of Immigration decide the case.

The Federal Court is an independent judicial body that will be able to hear submissions from the individual as well as the government representative before making a final determination on the revocation of citizenship. This is intended to increase the fairness of the process by giving individuals the opportunity to present their case and defend themselves before an independent decision-maker. Even in cases where the individual asks for the Minister to decide the case, they still have the option to seek leave to judicially review the Minister's decision at the Federal Court.

Revocation is an extreme remedy and is usually the final step in the investigation process. Usually investigations are conducted by the RCMP and the CBSA to determine if there is a basis for revocation. If they find that there is evidence to support a revocation proceeding the individual will receive notice that revocation proceedings are being commenced. Revocation of Canadian citizenship is a very serious matter with grave consequences on an individuals' life and future. Depending on the basis for the revocation, the individual may lose his or her citizenship and may also lose his or her permanent residence and face removal from Canada. Even with the added protection of Federal Court proceedings, if a person is facing a revocation of citizenship it is vital to seek legal advice to immediately.

2- Changes to citizenship applications for minorsThe changes in the Citizenship Act introduced last year allowed minors (those under the age of 18 years) to apply for a grant of citizenship on their own behalf. This made it easier for minors to apply for citizenship on their own behalf rather than having to rely on a parent or guardian to apply for them.

​The application fee for minors applying with their parents was $100 but if they were applying by themselves it was $530. However, there is good news for the minors applying for themselves: as of February 16, 2018, IRCC has reduced the application fee for minors applying by themselves from $530 to $100 to ensure that there is no difference in the fee paid for a grant of citizenship by minors irrespective of the process that they use. The government has committed to reimbursing the $430 to all applications who applied between June 19, 2017 and February 16, 2018 and will start contacting applicants directly to start the refund process.

The Canadian immigration and citizenship system is complicated and constantly changing. Each case is unique and the way in which laws and regulations apply to your case may be different than the case of other family members or friends. The difficulties in immigration applications is compounded by the fact that most applicants are not native English speakers. Unfortunately, there are many instances of fraud and scams that are perpetuated against those interested in coming to Canada either on a temporary basis as visitors, students or workers, or those interested in becoming immigrants.

Therefore, choosing a representative that can advise you and represent you competently is one of the most important decisions you can make in helping you navigate the immigration system and preventing mistakes that can lead to delays or the refusal of your application. Having a professional that is legally permitted to represent will mean that the representative has to meet regulatory requirements with regards to competence and ethics and if there are any problems you may have recourse to follow up your case.

Who Can Legally RepresentAny person that receives compensation from you in exchange for providing you with immigration advice or assisting you with your application must be declared in your immigration application as a “Paid Representative”. There are a limited group of professionals that are legally permitted to advise you in immigration matters and to prepare and submit applications on your behalf to Immigration, Refugees and Citizenship Canada (IRCC). These professionals are:

Lawyers who are members of the law societies in the provinces of Canada (and licenced notaries in the province of Quebec)

Immigration consultants that are members of the Immigration Consultants of Canada Regulatory Council (IRCC)

In some very limited instances, licenced Paralegals that are members of the Ontario law society

Canadian lawyers are permitted to represent you in all immigration matters including all levels of court and all types of immigration and citizenship applications. Immigration Consultants may also represent you in most immigration matters excluding appeals before the federal court of Canada. And finally paralegals in Ontario have a limited ability to assist applicants in hearing before the Immigration Refugee Board. You can check whether a professional is licenced and is permitted to practice in one of these categories by checking the relevant website (in Ontario: www.lsuc.on.ca/find-a-lawyer-or-paralegal or www.iccrc-crcic.ca).

No other person or entity is permitted to represent immigrants or provide immigration related advice. There are unfortunately individuals and businesses that claim to provide immigration services without any of the safeguards that are in place for lawyers and immigration consultants. For example, unauthorized representatives (also referred to as “ghost consultants”) submit applications with your own name and contact information, without any mention of their role in preparing your application. I have seen countless cases where ghost representatives have provided false information and even fraudulent documents resulting in refusals and findings of misrepresentation for their innocent clients. You should be aware that you are always responsible for all information and documents submitted to IRCC on your behalf and choosing a representative that is competent and ethical can make all the difference.

5 Tips In Choosing Your Immigration Representative

Ask for recommendations – before choosing a representative try to get recommendations from people that you trust. You can also try to search the name of the potential representatives online to see if there are any online reviews or information from past clients.

Ask about the representatives credentials and experience – when meeting with potential representatives make sure to ask about their credentials and specific experience in dealing with similar cases.

Discuss the services they will provide and negotiate the legal fee – make sure to understand what the process will include and the services that will be provided (as well as those that are excluded). You should also discuss the legal and government fees involved in your application up front to avoid misunderstandings during the process.

Have a written contract with your representative – make sure to get the details of the services and fees in a written contract from your representative. Keep the signed contract in a safe place and if it includes milestones for the services to be provided make sure that you refer to it regularly to ensure that your application is proceeding as scheduled.

Protect yourself from fraud by choosing a representative that will represent you ethically – be weary if a representative invites you to take shortcuts as promises that sound too good too be true often are impossible to fulfil. Further you should never agree to provide false documents or information to IRCC as it is against the law and can result in you being denied entry to Canada.

2017 was a big year of changes for immigration laws in Canada with new programs and developments in existing immigration programs. For the most part Canada's stance in welcoming immigrants was in contrast to negative views towards immigration in the US and much of Europe. As 2018 begins, what can we expect to see in Canada?

CitizenshipChanges to the Citizenship Act came into effect in October 2017 making it easier and faster to obtain Canadian citizenship. This created a rush in new applications and Immigration, Refugees and Citizenship Canada (“IRCC”) reported that they received more than 30,000 new applications in the first two weeks after the changes, more than double what they would have received in each month prior to the change. This will likely mean longer processing times but we hope that the efficient processing of the past two years will continue and IRCC can keep processing times from spiralling out of control.

Express EntryThe Express Entry (“EE”) system of selecting immigrants is still the largest source of economic immigrants to Canada. In 2017 over than 85,000 applicants were invited to apply through the EE system, more than the number of total number of invitations issued in 2015 and 2016. IRCC has made improvements to the EE system in late 2016 that allowed more applicants to qualify. We have also seen the minimum score required to be invited under EE come down to as low as 413 points (May 2017) and if Canada is to meet it's target of attracting one million new immigrants over the next three years there will likely be further downward pressure on the minimum score and we will see more applicants qualify under EE.

Family SponsorshipThe process of registering for the parent and grandparent sponsorship program was changed in 2017 to a lottery system and the same system is in place this year, albeit with some minor changes. IRCC is again set to select 10,000 applicants under this program to fill its annual quota.

The spousal sponsorship program also made news in 2017 as IRCC worked to meet the target of processing these applications within 12 months. By the end of 2017 the average processing time across all visa offices was 12 months, a significant improvement on previous years where families sometimes had to wait years to be reunited in Canada.

New Definition of Dependent ChildIRCC's definition of eligible “dependent children” changed in October 2017 to include children up to 22 years of age. For new applications can now include these dependent children, and in some cases applicants have until 31 January 2018 to add qualifying dependent children to existing permanent residence visa applications.

Provincial Nominee Programs Provincial Nominee Programs (“PNPs”) allow provinces to identify and select potential immigrants for settlement in their local economy and labour market. While PNPs have existed for many years, the provinces have spent 2017 expanding their programs, providing qualified applicants with more options for settling in towns and cities across Canada. IRCC's target for 2018 is to process 55,000 PNP applications.

Global Talent Stream and Two Week Processing In June 2017, IRCC introduced the Global Talent Stream (“GTS”) allowing for fast-tracked processing of Labour Market Impact Assessments leading to work permits in as little as two weeks. The program is focused on areas where there are significant labour shortages, particularly in technology related fields, and has so far been a great success in helping Canadian companies attract and bring in much needed employees to develop and grow their businesses in Canada. Amazon and Facebook opened new offices in Canada in 2017 after Google, Apple and Microsoft all expanded their operations in Canada in 2016. These companies, along with hundreds of start ups and medium sized companies are looking to hire workers with the help of the GTS.

For now the GTS is a pilot program but if it continues to build on the success of its first six months we hope that IRCC will keep and expand the program to give Canadian businesses a competitive advantage.

​While 2017 was a year of big changes, there always room for the government to surprise us again in 2018. As Canada works towards its target to admit one million immigrants over the next three years we are likely to see more changes and immigration programs introduced this year.

For many who immigrate to Canada, they soon become familiar with a very Canadian phenomenon: piles and piles of paper records! Immigration officers and various government offices begin to give you documents. You accumulate documents when you open bank accounts, apply for credit cards, sign a lease or buy a home. And the piles of paper just keeps getting higher each month as you receive new bills and statements. But the key questions is: which of these documents should you keep and which will be required as proof of your immigration status or as part of any future applications you make to Immigration, Refugees and Citizenship Canada (IRCC)?

1. Confirmation of Permanent Residence or Record of Landing The Confirmation of Permanent Residence or Record of Landing is the document that is processed and issued to you when you land in Canada for the first time as an immigrant. It is an important proof of your status as a landed immigrant in Canada and you will need it to apply for your Social Insurance Number, provincial health card and driver's licence. However, long after you become a citizen of Canada, you may still need your Record of Landing and therefore you should make keep the original in a safe place. If you lose your Record of Landing you must apply for a “Verification of Landing” document. Currently it takes on average 6 months to process your request so you should plan carefully if you need a replacement document.

2. Copies of Application Forms and Courier Tracking Records I often meet with applicants that want me to follow up their status of their application with IRCC. Whether it is an application for a particular visa, renewal of a PR Card or application for citizenship, the first step is to review their application forms that you have submitted. Therefore it is critical that you keep a copy of all application forms that you submit to IRCC for any kind of application. If your representative or lawyer submits an application on your behalf, you can ask them to provide you with a copy of the application forms for your records.

Equally important is the record of the courier and the courier confirmation of delivery for packages that you send to IRCC. In some cases we must prove that you submitted documents and that those documents were submitted within the deadline provided and the best evidence is the courier records. With the increasing use of electronic submissions and emails, you should also make sure that you keep your e-records and email accounts in case you need to refer to documents submitted online or by email.

3. Record of all Your Trips for PR Card Renewal and Citizenship ApplicationsCanada does not always stamp your passport when you enter the country and never stamps your passport when you leave. This presents a serious challenge if you have taken trips and want to apply to renew your PR card or apply for citizenship because you have to provide details of all your trips for the preceding 5 years. The best advice is to create a table and record all of your trips, the dates you left Canada, where you went, and the date you returned to Canada as well as any special notes about the trip. Trying to remember everything accurately after 5 years is very difficult and this table will save you much time and stress, especially since many countries do not stamp your passport to record your entry and exit.

In case of trips taken by plane you can also keep copies of your tickets or boarding passes. And in all cases you should keep your old passports as IRCC requires copies of your old passports at the time you apply to renew your PR Card, apply for a Permanent Resident Travel Document or apply for Canadian citizenship. Other important documents that you should keep as evidence of your physical residence in Canada include school records for your children, work records for yourself and copies of lease agreements and title deeds.

4. Tax Filings and Notice of AssessmentsWhether you prepare your own taxes or use the services of an accountant, you should keep copies of your tax filings and any supporting documents that you provide such as T4s or T5s. Canada Revenue Agency (CRA) has specific rules for how many years you must keep your records and you can ask your accountant about this. In addition to your tax filings you should keep copies of your Notice of Assessments issued each year as well as documents demonstrating that you have paid any amounts outstanding to the CRA.

5. Keep Originals Safe and Copies Accessible Just like other important documents such as marriage and birth certificates, you need to keep your original immigration documents such as your Record of Landing or PR Card in a safe place. When you have to use your documents while you travel, you should make copies of your important documents and if possible leave copies with family members in case your original documents are lost or stolen. And remember your copies need not be physical copies and can be electronic copies that you store safely on a portable device or online. ​

Adopting a child and welcoming him or her into your family is a beautiful and complex process. If you choose to adopt a child from outside of Canada, you will also need to think about how to bring your newest family member to Canada.

International adoptionThe legal process of adopting a child is governed by the laws of the country where the child lives. Countries often have strict requirements for who qualifies as an adoptive parent and the process they have to go through in order to obtain legal status as a parent. Many countries also limit the ability of non-nationals to adopt children, making the international adoption process even more complex.

Since 1996 Canada has been party to the Convention on Protection of Children and Co-operation in respect of Intercountry Adoption, also known as the “Hague Convention”. The Hague Convention was established to help regulate international adoptions with respect to the best interests of the child and with respect for their fundamental human rights. It is also intended to help prevent the child trafficking. Canada's commitments under the Hague Convention inform its own requirements for what is an acceptable adoption. Therefore, in order for an adoption to be accepted by Canadian immigration authorities, the adoption must meet the following requirements:

The adoption must be in the best interests of the child.

The adoption will create a genuine relationship of parent and child.

The adoption is in accordance with the laws of the place where the adoption took place and the laws of the country of residence where the adoptive parents reside.

The adoption must not have been entered into primarily for the purpose of acquiring immigration or citizenship status.

The adoption must not have occurred in a manner that circumvented the legal requirement for international adoptions.

In addition, if the adopted person is 18 years or older, a genuine relationship of parent and child must have existed between the adopted person and the adoptive parent before the adopted person turned 18 year old and at the time of the adoption.

As adoption laws and adoption authorities can vary greatly from country to country it is important that you obtain accurate advice from a lawyer or adoption agency in the country to understand the local requirements and processes before you embark on this journey.

How can you bring your child to Canada once the legal adoption process is complete?Your options to bring your adopted child to Canada will depend on your legal status at the time of adopting your child. You can generally use either the “citizenship process” or “immigration process” to bring your child to Canada. Under the citizenship process, if you meet the requirements that are summarized below, your child will become a Canadian citizen and will enter Canada as a citizen. Under the immigration process, your adopted child will be granted permanent residence status and will obtain a permanent residence card upon landing in Canada. They can then become a citizen by meeting the requirements for naturalization.

Citizenship Process:If one of the adopting parents is a Canadian citizen at the time of adoption you can apply for a direct grant of citizenship for your adopted child. Under this process there is no need for a medical examination that is required for potential immigrants to Canada. It is important to note that an adopted child who obtains citizenship in this manner may be affected by the law limiting citizenship by descent that I wrote about last week as they are born outside of Canada.

Immigration Process:If neither of the adoptive parents are Canadian citizens at the time of adoption they will have to use the immigration process to sponsor their child to become a permanent resident in order to come to Canada. Also, adoptive parents who are citizens but subject to the first generation limit to citizenship by descent (and do not fall into one of the exceptions) will have to sponsor their children to obtain permanent residence. As this is an immigration process, your adopted child will have to undergo all necessary immigration checks including medical examinations, and in the case of non-minor children background and security checks are also required.

While the adoption and immigration process can seem complex at the outset, knowing the legal requirements and fully understanding the process can help make the journey a smoother one. Speaking with an experienced immigration lawyer and finding the right adoption agency to guide you through the process can be the first step towards bringing home your newest family member.

​Prime Minister Trudeau's proclamation in the Munk Debate leading up to the federal election in October 2015 that “a Canadian is a Canadian, is a Canadian” was intended signal that there is only one class of citizenship and you will be treated the same irrespective of how you obtain your Canadian citizenship or whether you hold any other nationalities.

The recent changes in the Citizenship Act introduced by the Liberal government worked to remove the provisions from Bill C-24 that reduced the rights of some citizens and allowed them to be treated differently and restored the core principle of equal citizenship for every Canadian.

So, with the Prime Minister's declaration that “a Canadian is a Canadian is a Canadian” is there any difference you will experience based on the way in which you became a citizen? The short answer is yes – your ability to pass along citizenship to your children may be affected by the manner in which you became a citizen.

How can you become a Canadian Citizen:There are a number of ways in which someone can become a Canadian Citizen. These include:

Citizen by birth: in most cases if you are born in Canada you are automatically a citizen by birth

Citizen by descent: if you are born outside of Canada to a Canadian citizen parent, you may become a citizen by descent

Citizen by grant or naturalization: if you apply to become a Canadian citizen upon meeting the eligibility requirements (such as having lived here for the required period of time) you will become a naturalized citizen

There are exceptions to these general categories as well. For example, children born to foreign diplomats are generally not granted Canadian citizenship. Canada also has categories of citizens that come from the definitions and changes in the Citizenship Act from 1947 onwards.

More importantly, in the case of citizenship by descent, not all current Canadian citizens can pass along in the same way and their ability to pass along citizenship to their children will depend on how they acquired citizenship themselves. As of April 17, 2009 the Citizenship Act changed such that if you are born outside of Canada to parents who also obtained their citizenship by descent when they were born outside of Canada, you would not automatically obtain Canadian citizenship. This is in contrast to a child born outside of Canada to parents who are either Canadian citizens by naturalization or born in Canada.

The reason for this one generation limit on citizenship by descent is to prevent automatic passing on Canadian citizenship beyond the first generation for those who obtain citizenship by descent outside of Canada and likely have fewer ties with Canada. However, the fact that you do not automatically become a Canadian citizen is not necessarily the end of the analysis. There may be ways in which we can apply for you to obtain permanent residence status and then subsequently apply for a grant of citizenship. Therefore, how a person acquires citizenship will have a direct impact on his or her ability to pass along the citizenship to future generations.

The analysis of these types of cases can be very complicated and there are many exceptions that should be examined before we can determine if someone is or is not a Canadian citizen. In such complicated cases, you should seek legal advice and work with your lawyer to accurately assess your situation and determine the appropriate course of action.

Even though citizens by descent are limited in their ability to pass along their citizenship, they enjoy the same citizenship rights and privileges in Canada as all other citizens. The beauty of Canada's multicultural society is in its ability to allow people who have arrived at Canadian citizenship through different paths to be treated equally and to live together in harmony.

I cannot meet all the requirements – what should I do?Last week I wrote about the eligibility requirements under the Citizenship Act, including the latest rules that came into effect on October 11, 2017. Today I am writing about some of the questions I have been asked repeatedly: what can I do if I am not able to meet all the eligibility requirements? Do I have any chance to apply? What happens if I apply but my application is refused?

My answer in this situation is that it depends on your circumstances and you should thoroughly research your options before giving up your plans of applying for citizenship. Depending on which of the eligibility criteria you are not able to meet, we can approach the problem in different ways. The information below is with regards to some of the main exemptions to the eligibility requirements but you should always seek legal advice with regards to your specific situation.

1- Physical presence in Canada:You must be in Canada for the required number of days before you become eligible to apply for Canadian citizenship (refer to my detailed article from last week). However, there are some circumstances in which the applicant may not have been in Canada but will still be eligible. For example if you work abroad for the Canadian government or Canadian Armed Forces you do not need to meet the physical presence requirement. Another example is the case of a minor child who has a Canadian citizen parent – such a child can become a Canadian citizen without meeting the physical residence requirement when his or her Canadian parent applies for his or her citizenship.

2- Language ability, and knowledge test and Oath of Citizenship:Applicants between the age of 18 and 54 must meet the language and knowledge tests in order to become citizens. All applicants are required to take the Oath of Citizenship. There are cases in which applicants are unable to meet the language and knowledge test requirements or even understand the significance of taking the Oath of Citizenship.

In some case where applicants have disabilities such as those who are hearing impaired, special accommodations can be in administering the knowledge test to allow them to respond to questions and demonstrate their knowledge of Canada. However, where the applicant cannot to meet the language and knowledge tests due to a medical disorder, disability or condition that is cognitive, psychiatric or psychological in nature, then the citizenship rules allow them to apply for a waiver of knowledge and language requirement.

This is a serious matter and you can only obtain an exemption by providing evidence of your condition in the form of detailed medical reports. The evidence must substantiate the fact that the applicant cannot meet this requirement for citizenship now or in the foreseeable future. These special rules are intended to allow flexibility in deserving cases that do not meet the eligibility requirements.

For example this could include a case where the applicant suffers from a learning disability and therefore cannot provide proof of language ability or undertake the knowledge test. Or it could be the case where the applicant suffers from a cognitive disorder that prevents him or her from meeting the language and knowledge requirements and also prevents him or her from understanding significance of the Oath of Citizenship.

In such cases, the request for the waiver should in indicated from the very first step in the application process and often times these applications can become complicated very quickly. Officers will look at many different factors including the age of the applicant, the personal circumstances, if there are any non-medical hardships that the applicant suffers from and how long the applicant has been living in Canada. The applicant must provide proof with regards to each of these factors and must try to convince the officer that he or she is deserving of a waiver. If you are applying for citizenship for someone in such a situation you should consider obtaining expert legal advice before you start the process to understand the process and maximize their chance of success.

3- Appealing a refusal of your citizenship application It is possible that a citizenship application may be unsuccessful for any number of reasons. For example the officer may find that you were not in Canada for the required number of days or that you failed the knowledge test. What can you do when your application for citizenship is refused?

If your citizenship application is refused you have the right to access judicial review of the decision in Federal Court. If you intend to seek a review of the decision you must act fast. You generally have 30 days from the date the decision letter was mailed to you to commence an application for judicial review by filing an application for leave with the Federal Court.

In order to succeed in your application your application must raise a serious or arguable issue. These are technical legal terms and you should consult a lawyer to fully understand the process and prepare your submissions. If the Federal Court grants “leave” to hear your case, it means they are permitting your case to move forward and there will be a hearing where your legal arguments will be presented to the Court.

If the Federal Court judge denies your application for leave, the application will be dismissed and there is no further right to appeal the Court's decision. If the Federal Court judge grants leave, a hearing date will be set for the court to receive your legal arguments. After the hearing, if the Federal Court judge finds in your favour, they will send the application back to a different citizenship officer for determination.

Note: This information is not intended as legal advice or opinion. You should always seek specialized legal advice with regards to your situation as the facts of each case are unique and the application of law varies in every case.